IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUITOF THE STATE OF FLORIDA, IN AND FOR PINELTAS COUNry

FAMILY LAW DIVISION

lN RE: Tl"lE MARRIAGE OF

LINDA MARIE BOLLEA.

PetitionerANife,

and

TERRY GIENE BOLLEA,

RespondenUHusband.

MOTION TO ENLARGE TIME FOR MANDATORY DISCLOSURE AND TO EXTEI$gT-IME lN WHIgH TO RESPOND TO YUFE'S FTRST REOUEST FOR pROpUCTtOt!,

Tq A,NSWER WTFE',S F|RST SET OF EXPERT WITNESS |NTFBROGATOR|ES. ANDTO ANSWER W|FE'S STANDARD FAM|LY_LAW TNTERROGATORTES

Hushand, TERRY GENE BOLLEA, by and through his undersigned attomey,

pursuant to Fla. R. Civ. P. 1.090, files this his Motion to Enlarge Time for Mandatory

Disclosureand to Extend Tirne in Which to Respond toWfe's First Requestfor Production,

to Answer Wife's First Set of Expert Witness fnterrogatories to Husband, end to Answer

Starrdard Frrmily Law Interrogatories and states the following grounds:

1 , Pursuant to Fla. R. Civ. P. 1 .090(b), \rvhen an act is required or altowed to be

done at or within a specified time by the Florida Civil Rules of Procedure for cause shown

the court at any time in its discretion may order the time enlarged if reguest is rnade either

before or aft,er the expiration of the specified period (if after the specified period the failure

to act must be the result of excusable neglect). Fla.lFam. Law R.P. 12.090 provides that

tirne shatl be given by Fla. R, Civ, 1.090. :i

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2. Fla. Fam. Law. R.P. 12.285(a)(1)providesthat "[e]xceptforprovisionsasto

financialaffidavits and child support guidelines worksheets, any portion of this rule may be

modified by order of the court or agreement of the parties.",

3. Pursuant to Fla. Fam. Law. R. P. 12.285(bX1), documents required by the

rule for a temporary hearing must be produced either with the notice of hearing or two

business days before the hearing if served by delivery by the responding party (seven days

if served ,by maif). Pursuant to Fla. Fam. Law. R. P. 12.285(bX2), documents must be

produced within forty-five days of the initial or supplemental proceedings (this provision

supersedes 12.285(bX1) if the time elapses first)-

4. Pursuantto the rule, the mandatorily-required docurnents are to be produced

on January 10, 2008.

5. ThatHusband'sResponsetoWife'sFirstRequestforProduction, Husband's

Answe rs to fi rst $et of Expe rt Witness I nterrogatories to H usband a nd H usband's Answers

to Standard Family Law lrtterrogatories are also alldue on January 10, 2008.

6. Husband is unable to comply with the mandatory disclosure requirements in

the time frames provided in 12,285(bXl) and (bX2) because of the complexity of the case

and the votume and location of documents to be provided. .

7. riusbsnd is urrable to respond io thb supplemerr{al production requests and

to answer tthe propounded interrogatories in the time frames provided because of the

complexity of the case and the volume and location of documents to be provided.

8. The case involves parties whose income and expenses greatly exceed

$150,000.00, and the documents required to be produced pursuant to the rute, pursuant

-2-

to supplemental requests, and which are necessary for the production of an honest and

accurate financial affidavit are both voluminous and not readily available.

I' Because of the large and diverse expenditures of the parties, the production

of a uselul financiaf affidavit is impossible without acquiring substantial amounts of

information frorn sources outside of Wfe. Any attempt at an eslimate by the party based

on knowledge and belief without the support of the backup docurnentation likely would be

so inaccurate aE to be not only useless, but misleading.

10' Later amendments to the financial affidavit would not rectify the initial

misimpressions which would result from the production of an unsubstantiated financial

affidavit and would not serve the goal of judicial economy.

11- Further, the ends of justice would not be served by such a misfeading and

inaccurate fi nancial affidavit.

12' Although Fla. Fam. taw R.P. 12.285(aX1) provides that provisions as to

financial affidavits are not to be modified by order of the court, that provision does not

prohibit the court from enlarging the time for the act to be performed pursuant to Ffa. R.

Civ. P. 1.0-c)0 (as adopted by Fla. Fam. Law. R. p. 12.090).

13. Neither party has or will be prejudiced by the enlargement of time to produce

the dtlcumsnts ieqltired by Fla. Fain. Law R.P, i2.2A5, or requested in Wife's

suppfernenlal pleadings, and the efiiciency of the judicial process witt be served by

avoiding the necessity of having to amend financiaf affidavits and certificates of compliance

repeatedly. On the other hand, Husband or Husband's aftorney may suffer severe

sanctions under 12.285(f) if a documentto be produced underthe rule is nottimelyserved.

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14. Justice requires an enlargement of time in this case because the time frames

provided in Fla. Fam. Law. R, P. 12.285 simply are unworkable in a case with such

sizeable assets and expenditures as exist in this case, and to subject Husband or

Husband's attorney to the possibility of sanctions would be inequitable.

15' Husband does not believe that opposing counsel has any objection to the

Court's enlarging the time allowed for production of the documents to be provided under

Fla, Fam- Law. R. P.12.?85, or requested in supplemental pleadings.

Wl'IEREFORE, Husband requests that the Cqurt enlarge the time frames for

productiorr of the financial affidavit and other'documents to be produced under Fla. Fam.

Law. R. F'. 12.285, for Husband's Response to Wife's First Request for Production,

Husband's Answers to \Mfe's First Set of ExpertWitness Interrogatories to Husband, and

Husband'si Answers to Standard Family Law lnterrogatories to an appropriate period of

time, for grrod cause shown, and for other relief the Court deems appropriate.

I HE:REBY CERT|FYthat a copy of the foregoing has been furnished to O. StephenThacker, E:squire, Thacker & Smitherman,407 South Ewing Avenue, Cleanryater, Florida33756, Co-counselfor PetitionerM/ife; and A.J. Bananco, Jr., Esquire, Barranco & Kircher,P.A", 150 West Flagler Street, Suite 1400, Ir{iqJn-i, Florida 33130, Go-Counsel forPetitioner/\A/ife, by facsimile and U.S. Mail, this A( day of January, 2008.

425 South Garden AvenueGlearwater. FL 337567 27 I 443-6787 ( Clea nruater)813t229-7251 (Tampa)Florida Bar No. 094733,SPN No.00041893Attorney for Respondent/Husband

^+

IN THE CIRCUIT COURT OF THE SDffH IUDICIAI- CIRCIJITIN AND FOR PINELLAS COUNTY FI..ORIDA

FAMILY LAW DIVISION

II.I RE: THE MARRIAGE OF:LINDA MARIE BOI.I-EA,

Petitioner/Wife,

and

T]JRRY GENE BOLLEA,

Respondent/Husband.

Case No. 07-DR-013355-FD-14

of

PETMIONER'S NOTICE OF COMPLIANCEwfrr{ MANDATORY pTSCLOSURE'

(Pursuant to Fla. Fam. L.RC.P. 12285)

The Petitioney'Wif.e , LINDA MARIE BOLLEA, here by

Ctmpliance with Florida Famil,y l-aw Rules of Procedure 12.28,5 and states:2

L,

12,e01(e):

A Fina.ncial Alfidavit in substantial conformiW with Florida Law Form

Wif{s Preliminary Financial Affiilaoit will be filed sryaratelyq Ance Wifeis able to obtdin her ilocuments from the llusbanil and Leilis, Birch &Ricarilo, P,A,

ALl federal and state incoure tax refirrns, gift tax returns, and intangiblepe:rsonal property tax returns filed by the party or on the parq/s behaU for the past three(3) years:

As of the date of fiIing, each and arery financial document of Wife and any corporation, partner.ship,trustr etc. in which the Wifu has, or may have an interest are kept in the possession. supervision,custody and control of Lewis, Birdr and Ricardo, P.A. and/or dre Husband. This complianc€ wasspecifically produced try Lewis, Birch and Ricardo, P.A. to Wife's attornrys. The Husband and/orhis lawyers have forlridden Lewis, Birch and Ricardo, P,A. 1o provide any other docu.memts withoutcourt ordef.

a

A verified notice of comptiance shall be filed wiih the court when dierrt is back in the jurisdiction '

srrrre 1400, MUseuM row.R. *o if*!'"5flE="EftJf5trf,l"fi.?Lil'=tli;i;'-'r!:?7, TET.EFH'NE (sd.) 3?1-s.?s

Att achcil are the folloating:A. u.s' rndinidual Income Tdx Return, Eortn L040 for the foll^owing

yeafsi2006;2045;2004;2003; and2002.

Alnbama Indioidual IncomeTaxRetuns for 2002.

California Ineome Tax Returns for thc following years:2006;2005;2004;2003; and2002.

Illinois Indiaiilual l,ncome Tax Rcturn for 2006.

Massachusetts Income Tdx Retuns for 2002 and 2006.

Pennsylv ania Income Ta^x Retrrn for the following y edrs:2005;2003; and2N2.

Neut York Stnte Income Tar Retrfin for the fotlouing ueats:2AW20042003; and2002.

B.

c.

D,

E,

F.

G.

H,

L

L

K

L.

M,

New Hampshire Business (sola proprietorship) tarc retuffis for 2005.

Aizona Perconal Incorrre Returnfor 2002,

Atkansae Indiaiiluel Incomc Tax Retarn for 2002.

Connecticat lncome Tax Refiirnfot 2002 and 2(103.

Illinois Indioiilual Tax Refilrn for 2002 and 2003.

Indiana Indioidual Tax Returnfor 2002 and 2003.

LAW OFFICES OF BARR^NCO & KIRCHER. F,A.6UITE

'4OO. MUEEUM TOWER, 160 l^/EST FLAGLER STFEET. MIAA'I. FLORIOA 35I5O-15"7, TELEFHONE (3oli) T71.847.,

N, Mfchigan IndipidualTax Returnlor 2002,

O, MinnesotalndiaidualTaxRehmrlor2002.

P. Miseissippi Indipidual Tax Return for 2002.

A. MissoartIndioidunlTaxReturnfor2002,

R. Newlersey Ind.ioidualTatRetuntfor20Q2 and.2003.

5. North CarcIina Inilividual Tax Refirrrn for 2002 and 2003,

T. Qhio IncomeTax Rehrmfor 2002.

U OklahomaIncomeTaxRefinafor2002,

V. Rhodelsland.lndiaiihnlTar Returnfor 2O02.

W, South Cdtolina Inilioiilaal Tax Retunt for 2002.

X. Virginia IndiaifutalTax Return for 2002,

y, Wisconsin IncomeTax .Roturn for 2002.

Z KentuckylncomeTax&eturnforAh0S-

AA. Elorida Intangible Peftonal Propnty Tat Returns for thefollouting

Years:2005;2004; and2003.

3- IRS forms W-2, 1099 and K-1. for the past year, if the income tax retum forthat year lns not been prepared;

Not applicable.

Pay stubs or other eviderrce of earned income for the past ttuee (3) morrths.

Wifehas earneil no incarflE duringthe past tltee (il months.

A statementby the producingParty identifying the amourttand sourcc o.f allincome recejved from any source during the last tfuee (3) months by this rule if not

re.fXected on the Pay .ctubs Produced,

GrJrrE r4oo, MUsEuM rowER. ,*,R:r"F,X"5:St;r"$FffT.?X# Ti,5l,EX'll;o-rFa7. rEr-EFHoNE (*aos) r71-EF7fi

4.

Wife has earneil no income during the past tfuee (3) months.

6. All loan applications and financial statements prepated or used within theparst twelve (12) months preceding the -service of the financial affidavit requirqd by thisru'le, whether for the purpose of obtaining or attempting to obtain credit or for any otherPurPose:

None of thue ilomments are in our possessiott .lf they exist, they are inHusbsnd's possession atstody or control.

7. All deeds within that last three (3) year$, prornissory nctes within ihe lasttq'elve (12) months, and alJ present leases in which the party owrls or owned an interestwhether held in the party's narne individually, in the party's name jointly with any otherperson or entity, in the party's n€une as trustee or guardian for any other person or insomeo:re else'3 rurrne on the pa"r$r'"s behalf:

A.ttached are the following;

'' A.

-Miami,Beach,Floiila'331.40

W ananty D eed (prchas e of pr op uty) d ateil {28/06Closing statanentfor sale of prop#V dated 8/77/X7Motgdn Stanley mottgage statenents (paid infull)Watranty Deed (eale of propnty) dateil SAV0T

E. AII periodic statemenB for the last three (3) months for all checking accounts,arrd from thc last twelve (12) months for all other accounts (savings acc{runts, moneymarket funds, certificates of deposit, sedit union accounts, etc.) regardless of whether ornot the account has been close4 including those held in the party's name individually, inthe party's narne jointly with any other person or entity, in the pmty's natne as trustee orguardian for any other person or in someone else's nflne on.the party's behalf:

Attached are the follouing:

Br o olustar P rc dudions, LL CSantrast BankBasic Busraess Checktng W)#Statetnents for 9ffffi)7 through 71/30/fr7

l-ilEntutaintnmt, LLCSunTrust BankBasic Business Checking *5733

StatenenE for 9/30tO7 through 71rtAfr7

Holy Shift Pro iluctions, LLCSunTtrlst Bank B asit. Business Checking *5238Statements for 9l30tT7 thtough 71,f30/07

A.

B.

c

LAW OFFIOES OF 6ARRANCO A KIROHER. F.A,sulTE ' l4oo, MUSEUM TOWER, l50 WEST FLAGLER STREET. MtAMt, FLC)RTDA 3313n-15?7. Tfl.EPHONE (BO5) 371-Bar75

Tery orLindaBolleaSunTrust BankProtfolio Super lntnest Checking fr421'3

St at emmh f or 9rt0/Xp7 thr o ug! 11./07/n7

TurrA ot Lindd BolleaSunirust BankPortfolio Super Interest Checking *7252

Statetnena for 70/OVO7 throagh 1WX7

g. AII brokerage account statements irr which either Party to this action held

withirr the last twelve (lZfmonths or holds an interest including those heldin the party'.s

name individually, in the party's na,me jointly with any Person_or enhty, in the Parf)':sname as rrustee or guarcliantofany other person or in someone else's narne on the Pajty'sbehail:

Attached are the f olloating;

A. Morgan Stanley Acct. *486 071, Linda M, Bollea €t Tarry G. BolleaTtee, tinila M. Boflea Ttust UAD 70/2WBS.tattmettts for 1.2fi1fi6 tht ough 71f30fi7; andIno estment' P etform anc e Rep ott il at e d 913 W7 and' 6f30fi7

B. Morgan stanley Acct.,+970 036,LindaM, Bollea ft Terry Gene Bollea,

C o f tees, Linda B ollea Trust 70f21t98Statemant ilatedlWWT

c. Morgan stanley A.ccL *473 077 TGB Family Limited PartnetshipStat*emnttsf or-perioitof 12fr7/06throughLffi0/O7

D. Morgan Stanley AccL *474 077 TGB Fam-ily t:y:!:d 'PartnetshipStatimentsf or-petiodof 7?l37,fr6through77/30/07

E. Morgan Stanley AccL *475 077 TGB Famlly niylld Pa_rtnership

Sta{etnents f ot-p*io d of 72/3ffi through 71/30ft7 ; anilIno estm ent- P nf ormance Rq ort f o r 9ftWO7 an il 6fi 0/07

F. Morgan Stanley AccL *488 071TGB Famlly t".ly:trd PafinetshipStatements for-period of 72/3U06 through tU30/07i7ry1t .Inoesfinent Petfornance Report lor 9130/X7 and 6ft0/07

G. Morgan Stanley AccL +943 077 Bus,htes-s9caqe Account,Linia M arie Bollea for Bro oke B ollea lnTuUlELStatem.ents fo t p eri6 it of 7ttU07 thr 9ug.! Lryyll .-Tr ans action N itticati otnrs ddted 1Uil07 ond {27/O7

D.

E,

LAW OFFICES OF FARRANCO & KIRCHER. P'A'

srut.rR 1,too, MlJsEl,,M TQWER, l50 WEST FLAGLER sTReFT' MlAMl. FLoRloA 3319O'152t'| TELEFHANE (3O$) S71-4674

M,organ Stanley Acct, *267 071., Linila Marfe Bollea Crct for BrookeBolleaUTMNFL,Stdtetnents for pdoil ol ltOW7 throagh IVJWTTr ans action Confrmation ilateil 11/06/O7Trdnsaction N otification dateil 7V1V07Lettu from Morgan Stanley ilated 1W9/07

Morgan S tanley Acct.'+268 077, Linila Marie B olled Cust for NicholasBollea LffiUVFLS t aternents for perio il of 1,fiU07 through 7WW7

10. The mcst recent staternerrt for any profit sharing, retirement, deferredco;mpen$ation or pension plan (IR,\ 401(k), 403(b), SED KEOGI+ or other similar aceount)in which the party is a participant or altemate payee and the surrunary plan tlescription forany retirement profit sharing, deferred cornpensation or pensionplanin which the partyis participant or any alternate payee. [The summary plan description must be furnishedto the party on request by the plan administrator as required W 29 U.S.C. 5102a(b)(a)]:

A.ttached is the follouting:

.Motgan Stanley Acct. 1?,66 Lnr IRA, Linda BolleaS tat ement da t ed 9/30/X7

11.. The declaratiotu page, last periodic statement, and certificate for aU lifeinr;urance policies insuring the party's life or the life of the par{s spouse and. all cunenthealth and derrtal cards covering either of the parties and/or their dependent children:

Health dnil dentalinsurence cards sre attaclrcd.

"12. Ail corporate, partnership, and trust tax returns for the last three (3) years,if tfie party has an ownership or intermt in a coryoration, partnership, or trust greater thanor equal to'thirty (3070) percent;

13.

Attached arc the following:/4- I4.EntertdinmenlLLC

U.S, Income Ta* Retarns fot S Corpordtlott, Form 71205, for 2004through2006.

Elotida Intangible Tax Refinn for Corpordtion (Form DR-607C) for2006 dnd2005.

All promissory note.s for the last twelve (12) months, all credit card andchrarge account stat€dlents, and otJrer records showing the party's indebtedness as of thedate of the filing of this action and for the last ttuee (3) rnonth.s, and all prcsent leascagreements, whether owed in th,e party's name individually, in the party's narne jointly

surr. 14oo. Mr.,sE'M rowER. '"",R:ttFIl??ES:trFffHi^fi.?l3I,El'i;?;o-lszz.

1€t-E,,l'NE (soi) r',1-.,szs

H.

L

with any other person or entity, in the party's name as trustee or guardian for any otherperson or in sorneone else's narne on the party's behe,If:

Attached are the follotaing:A, Bank of Auerica Visa *567I (Tuny G. and Linda Bollea)

IWay through luly of 2007Thts account has notheen used slnceluty of 2OA7,

B, American ExVress Platinwn Card *62002 (Linila Bollea, 14Entertainment)8/27n7 and9l27/X7

C, Amnican Express Platinum Card "6300 (Linila Bollea, 14Entertainmmt)ru/26n7 andl1,/27/T7 {

' D, " naite of Amefica Platinum Visa Business Card *8977 (.1.-4Entertainment)9/76/07 through 71/26/07

.E. Americnn F*press Business Platinum Card "3t1001 (Linda Ballea,Brc o keStar P ro ducti ons, LL C)9/28n7 throughlWsl07

F. Bank of.AmericaVisaBusifless Card 26A(Brookestar.Prodactions,LLC)7/fr9/O7This cardhas notbeen usedluly 2N7

C. AmericanHtptess PlatinumVisaBusiness Card *0i1009 (.l,indaBolleaHoly , Shift Proiluctions, LLC)gtgt0z throughTlluvT7

H. Bank of Amcrtca Platinum Visa Business Card t?.646 (HoIy ShiftPtoductions, LLC)70tOV0z thtoughlWgnT

L ResidentialLease Agreement betuteen Petq G- Allen (Iandlord) andLinda Bollea dated 6/2W7

14. a. All twiften p:emarital or marital agreements errtered into at any timebetrrue.e.n the parties to this marriage, wheiher before or during the marriage:

Not applicable,

b. IJ this is a modification proceeding, all written and agreements cnteredinto between the parties at any time since the order to be modified was ent€red.

LA\^/ OFFICES f}F EAFIEANCO & KIROHCR. F.A.r;ulTE r.ron. MUSEUM TowER, ,r60wEsr FL^qILER STREET, MrAMr, FLORTDA 3313O.1627, TELEPHONE (3n5) 371-t575

Not aplicable.

15. All documents and tangible evidence supporting any clalrn you rnay have toa special equity or non-marital status of an ass€t or debt for the time period from the dateof acquisition of the as,set or debt to the date of production or.f,rom the date of marriage ifbased on premarital acquisition.

Documants relateil to claims of special equitg or non-mdfital stdttts will beproiluceil when located and, apon additi.onal iliscovery, r

Anycourtorders directing a par.$'tc pay orreceive spousal or child support:

NotApplicable,

Other documents produeed herewith:

A listof adilitional doatmcn$producedbyLanis, Bitch & Ricarilo, P-A..isattsched ns Exhibit "A" along with all cortesponding doatmmts thseto.

CERTIEICATE OF SERVICE

I HERETY CERTIFY that a true and correct copy of the foregorng has been furni.shedby facsimile and Federal Express to Ann Loughridge Kett, Esq., 425 South GardenAvenue, Cleatwater, Florida 33756 this SIday of January,2008.

16.

17.

Counsel for Petitione{/WifeO. Stephen Thacker, Esq,Thacker & Smitherman40i'South Ewing AvenueQearwater, Florida 937%Tel:72744ffi525

Co.Counsel f or Petitioner/Wif eBarrarrco & Kirchet, F.A.Suite 1400, Museum Tower150 West Flagler StreetMiami, Florida 33130-1783

I-AW OFFICES OF BARRANCO & KIRCI'IER. P.A.SI)ITE 1doo. MU-cEUM IOWER. 50 WEFT FLAGLER STFEFT. MIAMI, FLORIDA 33.t3O.1527, TELEFHONE (3O5) 37J-8575

BOLLEA v. BOLLEA

ADDITI ONALJDOCUMENTS PRO D U gED BY WIFE(By Lewls, Birch & Ricardo, P.A,, on ll/2t107\

l. A,uto Insurance Policies, Linda and Terry BollearPro8IessiveDirectPolicy-on22001Merccdcs.BenzCI600CP. Progrcssive Direct Policy *{!fln 2005 Dodge Rarr Srt-l0 CWr ProgrcssiveDirectPolicynln 1957 Chevrolet Class lSrProgxessiveDirectPo1icyi l t2006ViperSrt .10CP"r state Farm Insuralce Policy

'G

ltrIells Fargo Insurance Services Policy

-

Linda and Temy Bollea, on2006 SeaDoo RXT

ll'ells Fargo Insurance Servicas Policy ilff"rry and Linda Bollea, on2005 Yarnaha lf\ilSOAP ZUMA

Pmsonal Hom eowner Policiesr Schedule of Policiesr Declarations Sr;pqmary of American Automobile Insurance Company Policy

--DEclarations Summary of American Autornobile Insurance Company Policy

Declaration Page of Citizerrs Proper.ty Inzurauce Corporation,'Wind PolioyrtD

. Declaration Page of Fidelity National Insurance Company, Flood Policyf

2.

4.

5. Holy Shift Produgtions, LLC Insurance. Commef,cial Insurance Summaryr Commercial Package Policy Declarations Page

Ccndominium Unit Purohase and Sale Agreement for Palms Placg Las Vegas,lrl\/" Joint

Linda M. Bollea Revocable Trust Agreerrnent

I.inda Bollea U,S. Gift Tax Retums (Form 709) for 1998 through 2002

Larst Will of Linda Bollea

Ho,ly Shift Productionsr 2Cr06 Fonn 11205 Falance Sheet

' Articles of Organization for Florida Lirnited Liability Company

6.

7.

8-

I .

r0.

Pags I

BOLLEA v. BOLLEA

lt .

12.

(By Lewls, Birch & Ricardo, P.A., on l.2lTt.l07)

a.r Bollea Irrevocable Gift Trust dated l2l13/01

estar Productions, LLCForm 1120S Balance Sheetes Orgarrization forFlgrida Limiied Liability Cornpany

'r , :tEqBollea Irevocable Gift Trust dated 12l13/01

.: .

tf

Page 2

IN THE CIRCUIT COURT OF THE SIXTH]UDICIAL CIRCUIT IN AND FORPINELLAS COUNTY FLORID A

INI RE: THE MARRIAGE OF; FAMILY LAW DIVISION

UNDA MARIE BOLLEA, "CASE NO.: 07-DR-013355-FD-14

Petitioner/Wife r

arrd \

d* #-

r'RRYGENEBoLLEA, *a-f1 -ZWT''/,n\ '' I

---1**i f'':'$ ?qlpETmoNER/wrFE LrNDAr'rARrE BoLLEA',s

-"$,;\ ?

'"'{

TO COMPEL OUTSTANpTNG pJSCOVERY '

l'he Petitioner/Wife LINDA MARIE BOLLEA file.s this her Motion to Compel

Outstanding Discovety and as grounds therefore states as foliows:

1. OnDecember 1'J,,2007,Petitiorrer served RespondentwithStandard Family

Lilw Interrogatories. Respondent's AnswerstoStandard Family Lawlnterrogatoricswere

d'ue on or before January 1.0,2008.

2. On December lJ., 2007, Petitioner served Respondent with the First Set of

Expert Witness Lrterrogatories. Respondent's Answers to Standard Family [,aw

Interrogatorics were due on or before Jarruary 10, 2008.

2. On December 1'!",2D8,Petitioner served Respondent with thc'First Request

ftx Production. Respondent's Responses to thc First Request for Production were due on

or before lanuary 10, 2008.

3, To datc, Respondent has not answered either tlre Standard Family l-aw

Ilnterrogatories n,or the First Set o,f Expert Witness Interrogatories propounded by

F'etitioner.

4. To date, Respondent has not produced any docurnents responsive to the First

Ilequest for Production propounded by the Petitioner.

SUTTE 14Oo. MUSEUM TC'WER. l50 weFT FL..IGLEFT STREET. MlAMt, FL()RTDA 33r3O.1527, TEl. EFH(,)NE (3O5) 371.6575

The period of tirne which Respondent had to serve timely an$wers has

ex;rired, arrd ho has not requested an extension.

6. Respondgrt ha-s made no-gffo{t whatsoever regarding compliance with

mandatory disclosure.

7. Petitioner's attorney has trred to amicably resolve the issues raised by this

rnatter and has been unable to do so.

Petitioner has inctured attorrrey's feeg, costs and suit monies in brin.ging this

motion, which was occasioned by Respondent's failure to comply with discovery.

Pelitioner's attorney's fees and costs incurred in the preparation of this motion and for arry

hearing related hereto should be assessed against Respondent.

WIIEREFORE, Petitionet/Wife UNDA MARIE BOLTEA nroves this Honorable

Court to enter an order:

A. Granting Petitioner/Wife Linda Marie Bollea's Motion to Compel

B. Ordering Respondent to serve his answers to Standard Family Law

C. Ordering Respondent to serve his answer'e to the First Set of Expert Witne.ss

Interrogatories;

D. Ordering Respondent to comply with rnandatory disclosure.

E. Ordering Respondentto serve lus response to FirstRequest for Production;

F. Awarding Petitioner attorney's fees, costs and suit monies incurred in the

preparation of this motion and for any hearing related hereto; alrd/or

G. Granting such other relief as this Court deems just and proper,

gERTIFICATE OF SERYICE

I I-IEREBY CERTIFY that a hrue and correct copy of the foregoing has been furnishcd

by facsimile and U.S. Mbil to Ann Loughridge Kerr, Esq., 425 Solrttr Garden Avenue,

Clearwater, Florida 33756 this 176 day of January,2008.

LAw OFFTQF-9 Or ara*&""O a KrRcr{ER, P.A.s;UITE 14OO. MUSELTM T9WHR, l5Q wEST F|.AOI-ER

-calREET. MlAMt, FLc)RIDrc S314O.1527, TELET5HONE (3O$) A7r-457$

Stephen Thacker, Esq.ker & Smitherman

Soutl Ewing Avenue; Florida 33756

:727446-4525

LAw oFFrcES or errndar,rerr 4 KTReHER, P.A.,,4oO. MUEEUM TowER. .160 WEST FLAeLEfq STREET, MlAMl. FLolllrtA 3g't3O.1527, TELEFH()NE (sOSt 371-AS7!i

C o-Coqtrs el f or Eetjti-orrerlAlif eBarranco & Kirdrer, P.A.Suite 1400, Museurn Tower150 West Flagler gtreet

Ivliami, Florida 33130-1 783

IN RE: THE IVIARRIAGE OF:

LINDA MARIE BOLLEA,

Petiticner,

and

TERRY GENE BOLLEA,

TN TIIE CIRCI.IIT COURT OF THE SIXTHJUDICIAL CIRCUIT IN AND FORPINELLAS COUNTY FLORIDA

FAMILY LAW DIVISION

CASE No.: 07-DR-013355-FD-14

YL/FETITIONEIVWIFE S EI\,IERSENCY MOTIO\I FOR

! .! IElvIpoRARy TNIUNSIT9N wTrrr NoTIgF

Petitioner/Wife, LINDA MARIE BOLLEA, hereby files this Emergency Motion

for Terrnporary Injunction with Notice and in support thereof states:

1. The Wife has filed a Petition for Dissolution of Marriage.

2. During the course of the marriag+ Husband took marital assets and

placerl them in certain corporations and tn:sts to wit:

a. Terry Bollea TrueU

b. Terry Gene Bollea Trust UADt0/2'i,/98;

c. Terry Gene Bollea Revocable Trwt;

d. 14 Entertainment, LLCi

e. TGB Family Ltd. Partnership; and

f. TGB Holdings, LLC.

3. Husband and Witre were co-kustees of certain trusts and owners of certain

corporations. Said trusts and corporations corrtained marital a$sets acquird through

the r:ontribufions and efforts of the parties during the course of the rnarriage.

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Immediately prior to the divorce filing, b-oth parties had to consent to the withdrawal of

funds from the tnrst accounts and other accourrtc at Morgan Stanley.

4- A marital residence in Florida was sold on er about August 2007. It is

believed that the Parties received approximately $10 million as a result of that sale. Said

funds wer:e placed at Morgan Stanley in vadous aceounts of the parties, and specifically

in the Huriband's trust accounts,

5. In or around September 20A7, the Husband introduced the Wife to Tampa

attomey Les Barnett, E q. At that tr.rne, the Husband represented to the Wife that Mr.

Bame\ rnrould represent thcm jointly regarding estate planning. However,

unbeknovrnst to the Wif.e the Husband had actually worked with Mr. Barnett to draft a

post-nuptial agreement on behalf of the Husband.

6. Relying on the Husband's representationq, the Wife accompanied the

Husband to meet with Mr. Barnett. During thiB meetirr& the parties engagcd irr

confidentr,al discussions with Mr. Bamett regarding the parties' assets and Iegal issues.

At some ,point in his presentation on estate planning, Mr. Bamett began to discu*q a

post-nuptia I a greernent.

7. Husband's intentionally false representations to the Wife regarding Mr.

Barnett were made with the sole intent to induce in the Wife a false sense of security

with Mr. Barnett so that she would share confidential inforrnation with him, and

ultimatell' sign a post-nuptial agreement. The Wife relied on the Husband's

representations.

8. Over the past months, lvlr. Barnett conhnued to represent the Husband

regarding the post-nuptial agreemmt, and other mettere to the detriment of the Wife.

9. Due to her reliance on the Husband's false representations, the Wife

revealed t:o her Husband and his attorney/ Mr. Barnett, confidential information which

rnay now be used to the Wife's detriment in the partiesr divorce proceedings.

10. The Wife's reliance orr her Husband's represerrtatioru was justifiable due

to their :rnarital relationship. Until-$e meeting with Mr. Barnqtt, Jhe pnrtie*had never

discussed a pos!-nuptial agreement! !

11. As a result of these "legal shenanigarrs," Wife sought counsel and filed for

divorce. It is beiieved that l"es Barnett subsequently refened Husband to Ann Kerr,

Esq. to ropfee€ilt him in this matter.

l!2. Due to Husband's suspicious behavior late last year, Wife rcmoved $1.5

million lrom the parties account. Those funds are intact and no monies have been spent

from thart transfer.

13. In December 2W counsel for the Wife, Marianne Kircher, had a telephone

call with Ann Kerr, counsel for Husband. Ms. Kerr professed that Husband would

account for all monies he was receiving as income arrd all monies he may have spent.

Ms. Kerr stated that Husband had temoved the monies from th.e trust accounts. Ms.

Kerr pledged to get all Morgan Stanley account statements rieht awav to Wife's

lawyers. Ms. Kerr agreed to return all monies which had been removed by the

HusbanrL irrto the trust accounts and reguire the signature of both parties for

withdra'wa! of any monies. Ms. Kerr promised that upon her return from vacation on

January 6,2m8, all monies would be restored into the trusts.

7']. On or about December 17; 2007 Wife's attomey's received a documerrt

f-tom lxrs Barnett's office signed by ttre Hu-eband {allegedly on October 30, Z00Z}

purportr:dly removing the Wife as co-trustee of the Terry Gene Bollea Trust of October

2'I',7998. Said document has never been presented to or served upon the Wife (see

attached Exhibit'A').

llt. On or about January, 2008 co-counsel to wift, O. Stephen Thacker, had a

lengthy conversation with Ms. Kerr regardirrg the issues. Mr. Thacker demanded that

the tranrlferred monies be retumed. A draft proposed Stipulation was discussed anctpreparecl in accordarrce with their telephone conference (see attached Exhibit "D"), IyIIt

Thackerwas later inforrned by Ms. Kerr that not only had the monies been previously

removed by the Husband but the monies had beerr placed in various LLCs beyond the

reach of the Husband or Wife as a third party general parbrer had control of the funds.

Wife's counsel was provided with copies of the LLCs purporhedly drafted by l,es

Barnett, l3squire. Mr. Thacker was informed that these monies were beyond the reach

of Husband arrd could not be retu.med as Eric Bishoff, had complele control of these

monies. 'These monies constifute marital assets subiect to equitable distribution and the

Wife never consented or had prior knowledge of fransfer of same to the conhol of a

third pereon. The Wife believes Eric Bishoff to be totally loyal and obedient to the

Husband's demands as they were previously associated in the wrestling indusbry and

have had other business dealings.

16. r\s Wife is higNy skeptical of Husband's motives rn this "alleged estate

planning", Wife again asked that'the monies be returned (see attached Exhibit "C") and

gave a deadline of Tuesday, January 22,2OOB at 5:00 p.m.

17. The Flusband has not provided the Wife witlr en, accounting of all monies

removed, or records reflectilrg sajd trarrsfers. The Husband has not accounted to the

Wife, no:r does he give the Wife arry control over these proceeds. Under suspicious

excuses, Husband and his lawyer have refused to comply with Mandatory Disdosure;

have refirsed to comply with Standard Family Law Interrogatbries; refused to comply

with the First Request for Production; and rcfused to answer Interrogatories. The

Husbandl and his lawyer precluded Lewis, Birch & Ricardo, LLC from turning over any

documsrts to Wife's account until lan-qgryJ7r 2008!!

181. On Ianuary 17. 2898 Husband's counsel disclosed the names of three (3)

corporations frorn the Husband which "allegedly" contained the transferred funds as

Iollows:'IGB Production,Inc., TGB Managemerrt, fnc., TGB Farnily Limited Partnership

II, arrd a corporation to be formed which was TGB Transportation LLC. Onlanuary 22,

2008, .fol the first timq. Wi.fe's counsel received Morgan Stanley $tatements which

apparently show that ru-mon@ frorn the trust account!! In an

abundanee of caution, WiIe needs this Court to enjoin Husband, individually, as an

employee,, director or officer of any of the Bollea-related corporations or as tnrstee or

beneficiary of arry of the family trusts from transferring monies to the corporations or

any other ontities. There has been complete lack of candor on the Husband's side of this

case.

19. The Wife has an interest in these proceeds as a marital asset and. any .

subseque:nt dishibutions since they were derived of the marital assets.

20. The Wife fears that unless the Husband is enioined in any matter from

further d:issipating, secreting or otherwise disposing of the proceeds from the sale of

this l'toustl, the Husband \^rill continue to spend in secret the proceeds received from the

aforesaid amounts together with any subsequent payrnent therern.

21".' The assets constitute a substantial portion of the parties marital assets.

Thus, no irdequate remedy at law exists if the money is dissipated.

22. The Wife believes that unless a temporary injurrction is__Sltere4

irreparable harm will come to her by virtue of said assets buirg disposed oI by the

Husband before final hearing. Furthermore, the Husban.d, should immediately be

compellerl to disclose all assets and the location where the proceeds have been placed

together'with any and all information pertaining to those proceed.s. The Husband and

I-es Barnett should be ordered to immediate depositiorul to fully explain the disposihlon

of the funds removed from the trusb the present whereabouts of the trust funds;

production of all documents zurrounding the transfers of these funds; and why these

fu.nds carulet be returrred as requested by the Wife to the title sta,tus as of the date of

filing.

23, The Wife has been required to retain counsel to represent her and has

agreed to pay a reasonable fee.

WHEREFORE, the Petitioner/Wife, LINDA MARIE BOLLEA, respecdully

retTakeiurisdiction of the parties in the subject matter of this action;

Enter a ternporary injunction prohibiting the Husband f.rom dissipating

secreting or othen'vise disposing the proceeds.from the sale of the marital f"rid"r,* o,

the partiies' assets, df the trust funds of the parties without Wife's consent and with

exception of payment of any normal reasorrable living experurcs of both parties, until

such time as the same can be accounted for and distributed at the finat hearing of this

cause;

c. Order Morgan Stanley to freeze all monies heid or controlled by the

Flusbancl, his trust or his corporations or any account in which the Husband has

signatory authority;

d. Ir4organ Stanley be precluded from transferring funds from Bollea Trusts

and/ or Bollea.corporatiorrs without further order from the Court or agreement of the

parties;

e. Order depositions of the Husband and Les Barnett, order answers to

interrogatories ancl order responses to request for- production from the Husband

forthwith;

f. Order Husband to give a release to Lewls, Birch and Ricardo, LLC to tuffi

over all documents from inception of marriage to Wife's attorneys;

g. Order Husband to account for all monies removed and present

whereabouts of said.[unds; and/or

h. Requir.e the.Husband to cause all such funds which may have been

tra.rrsferred be returned to the title stahrs as of the date of filing.

i. Grant any other further relief that this Court may deem just and Proper.

a.

.b.

gET(TIFICATE OF SERVICE

I FIEREBY CERTIFY that a trr:e and correct copy of the foregoing has been fumishedby facsimile and U.S. Mail to Ann Loughridge Kerr, Esq.,425 South Garden Averrue,Clearwater, Florida 33756 this 23'o day of January,2008.

Co-Couns el f or PetitionerlrVif eCou neel f ot Petitionerf,Vif eO. Stephen Thacker, Esq.Thacker & Smithennart407 South Ewing AvenueClearwater, Florida 33756TeI:7T744ffi5ffi

Barranco & Kircher. P.A.Suite 1400, Museum Towet150 West Flagler SueetMiami, Florida 33130-1783Tel:305-371

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LAW OFFTCES OF BAF:FIANCO TT KIFiC}IER, P.A.

sutTE 1roo, MuSE|JM TOWER, r50 VVEST FLAGLER STREET, MtAMr, FLORTDA 33130-1s27, TELEPHONE (3O5) f,71^t!575

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EXHIB'T

A-L0130/2O07 llB 17:11 tTl-/tf, N0

IN RH: TTTE MARRIAGE OF:

I,INDA MARIE i3OLLEA,

Petitioner,

and

TERRY GENE BOLLEA,

Raspondent'

IN THE CIRCUIT COLIRT OF THE,qIXTH.IUDICIAL CIRCUIT IN AND FORPINELLAS COTINTY FLORIDA

FAMIT,Y I,AW DIVIS]ON

CASE NO.: 07-DR-0 I 3355-FD-l 4

STTPULATION FOR RETURN OF'MAIlJTldJr.pROpERTy, EXCLUST\IE pSEr OF

The Petitioner/Wife, LINDA MARIE BOLLEA ("Wife"). and the Respondent/l{usband,

TERRY GENE BOIIEA ("Husband') hereby stipulate and agrcc as follows:

1. All marital funds shall be held and titled in the same manner aud accounts in

which they were held as of the date of fiIing of this Dissolution of Marrioge action, exocpt as

provided in Parapaph 4 below. Each pffi shall, within ten (10) days from the datc of this

Stipulation, cause all fi:nds to be re+itled in the configuration in which they were hcld at flre time

of filing, except as provided below. Thereafter, no nroney from these marital funds shall be

withdrawn or transfened vdthout the joint signature of both parties. exaept a$ to the monies

rtcaived as partial equitable di"stribution.

2. Neither party shall sell, transfcr, secrete, dissipate" dispose, or hypothecate any

a.sset. either directly or indirectly, themselvcs or tlrrough corporate entities they may control.

except as otherwise provided.

E(HIBIT

tr

3. Mr, Bollea shall, within twenty (20) clays from tlrs -dete af Lhis .Sdipuleti+n,

providc an accounting of all monies ftom thc Tcrry Gene Bollea Trust accounts at Morgan

Stanley wherein Mrs. Bollea was a co-firstee, accounts in lrzlr. Bollea's individual name, and ,.

accounts held jointly by Mr. Bollea and any other individual.

4. Mrs. Bollea shall retain the surn of onc million dollars as a partial equitable

distribution of pr.operty from thc 1.4 million dollars she placed in an account jn her namc. 'fhe

remaining sum of approxirnately $400,000 held by Mrs. Bollea shall be retumed to an account

titled in the same name where the monies were titled on the date of filing.

Of the monies Mr" Bollea previously tansferrcd, Mr. Bollea shall retur.n ail but one

million dollars to the Morgan Stanley aocouut ending +9071, held by Terry Gcne Bollea'Inrst

dated l0/21l98. The fi:nds held in said accou:tt will require the joint signature of the parties.

Mr. Follea shall receive this one million dollars as a partial equitabte distribution,

5. Mr. Bollea shall deposit all of his eamings into aioint Morgan Starrley aceount, or

any joint accouttt agreed upon by the parties. The parties intend to act in good faith and

consisteflt with tbe practices during the marriage to pay usual and customary living expenses

ftorn thesc joint accounts.

6, Mrs. Bollea will havc excfusive use and possession of the marital ho.me lbr herself

and the childrerr during the pendency of these proceedings. Mr. Bollea will not enter the madtal

residence for any Pulpose. Arangernents will be made for tbe rcmova-I Mr. Bollea's vehiclcs

from the prernises of the marital home by a tbird party.

7. Mr. Bollea will have exclusive u.ce and possession of the beach residence on

Eldomelo r\venue dudrg the ̂ endeney ef +hesspr+c*,li',gc

B. Record Production. Each party shall, within ten ().0) days from the date hereof,,

execute a written authorization in the form of the attached Exitibit "A" directed to Lewis, Biroh

apd fucardo, CPAs, and all its employees, to release to counsel for each party upon demand any

and all reco::ds, financial documents, exhibits, schedules, drafu of proposed exhibits, ba*ing

rccords, checlcbook records, checlc registers and computet generated documents which are or

have been in the possession of Lewis, Birch and Ricsrdo or which come into tha possession of

Lewis, Birch and Ricardo at axy time during the pendency of this case.

g. Each party agrees that they shall, within ten (10) days, execute a written

authorization clirecting Terry McCoy, financial advisor, to release ar|ly and all financial

information conceming the parties, or either of therr, and all of their bu.siness and inve.stment

account information. Eaoh party a$ees that all records of Lewis, Birch and Ricardo and all

reoords of Tery McCoy and the brokemge house where he is employed shall be promptly

fumished to cognsel for the other parly throughout these proceedings' Further, each party shall,

withirr ten (10) days, fumish the other party with all financial and business documents as to any

ancl all business entities, corporatiOns, LLC's and partnerships he Or she owns or haS owned, rn

whole or in part in the last five (5) yetrr$'

10. Each party shall hgve an extension of time to oomply with mandatory disclosure

and the filing of Finanoial AffidEvits. Each patty shall have thirtv 1f O; days from thc date of this

Stipulation to comply with mandatory disclosure and frle their rcspeotive Finanoial Affrdavils'

This shall not Prevent either party from seekiug additional or different temporuy relief on an

urgsnt or ernergency basis and, if sucfu relief is requested, the parties shall frle Financial

Afrrdavits fotthwith.

I l. The Husband shall, within five (5) days, deliver to his counsel his gun(s) and gun

certificate and coun.tel shall confinn in writing that this has been accomplished. J?rese items

shall remain with the Husband's coun.qel until further order of Court or agreement of the parties.

12. Thc records to be produced herein shall include all personal bank accounts, joint

bank accounts with third parties, a1l investrnent accounts and all aocount$ of any corporations or

business venture$ in which the parties have been or af,s involved. The parties agree that cach

shall. within ten (10) days from t}e date hereof, firnish counsel for the other party any and all

estate planning documcnts and trust documene which have beerr executed by the parJies. or,

either of thenr, at aay time in the last fivc (5) ycars.

13. The parties agree thatupon execution of this Stipulation by each party, cotmscl

for either party shall submit an Order to the .Corut in the fotm of the attached Exhibit "C"

approving the terms of this Stipulation. The parties firrther agree that the Ordet may be

submined to thc Court and that the original Stipulatiou held at ttris time by counsel for the

parties. The parties agree to be bormd by the Stipulation incorporated into the Order approving

same and either party may, at his ot her option, file the original Stipulation.

1.4. The parties firrther agree that this Stipulation is without prejudicc to the right of

either party to seek additional or different temporary relief and temporary attomey fees, suit

moncy and costs in thi.s cause. Further, this Stipulation is without prejudice to the Court in

detennining at a latcr date or at trial the ultim.ate allocaxion of the funds being disributed at this

time as partial equitable distribution

Linda lvlarje BolleaWifeDated:

Torry Gene BolleaHusband

2008 Dated: 2008

A,J. bARRANCOT JF.

MAR]ANNE L. KIhCHER

RAYMONP J. RAFOOL

MELISSA A, ACOSTA

JEO R. FRIEDMAN

\T4 FACSIMIJ.E 4 UF: MATLAnn Loughridge Kem, Esq.425 Soutlt Garden AvenueC f earwater, Floricla 33? 56

, LAW OFFTCES

Banrmrrrco & IftncrrrR, P.A.

.lanuary i 8, 2008

SUTTE ITIOC}, MUSEUM TOWER

15O WEST FLASLER STHEET

MraMr, FLORTDA 33r30.t 5e7

roLL FREE (A68) 443'oo43

TELEPHoNE (3O5) 3? l .BE?S

FAcsrt{ ILE (3os) 37 t-?oe I

-Re.' Bollea v. BollenCrce No, 07-DR-0i 3 J s i-I?D-I 4

Dear Ms. Kem;

Iu the rest of the State of Florida it i.s common courtesy to send 4llopposing oounsel copicsof corespondense and pleadings. Yorr chose not to do so. Please rcspect my prcsence in this caseas co-colmsel in the futule.

Please have Mt'. Bollea rttur:t all thc monies to the previous accowrts by Tuesday, January22, 20Q8,5:00 p.m. (or put half of the amount transfeued in Mrs. Bollea's name) or cxpectenrergency pleadings. All ta:res and legal expenses associatcd with the Bamett-advised transfertherewith shall be the sole responsibility of Mr. Bollea.

I hope tbat by now Steve Thacker has leamed not to trust you or anytlting that you say.

AJB{iwc

cc: Linde BolleaO. Stephen Tlrncke,r

HffiIEIT

o

Law Oflices

THACKER & SMITHERMAN, P'A.,tO? South Ewfutg AvenueClearwatcr, Florida 337 56

Q27) ta-s525Fax (721) 47-8388

January 23, 2008O. StePhcn ttraekerfDavid B. SmithcmanJolrn s- lhackcr

tFt*iunffiotcat'6edMrtihl nnd FsnilY Lnw

VIA HAND DELIVERY

Joannc GclanidaCcflifi.d LcBd As6iBront

Honorsble George W. GreerCircuit Court JudgePiuellas Cormty Courthouse315 Court Str,eetClearwater, FL33756

JAN 23 ?000cEoRGE w...GEliE-Criltu'r JUqgE

Re: Bollea and BolleaCase No. 07-01 3355-FD-14

Dear Judge Greer:

Enclosed please find the Wife's Emergency Motion for Temporary InjuuctionWithNotice which speaks for itself,

The only time in the next ten days l\dr. Barranco or I will not be available isTuesday, January 29, 2008.

I respectfuLly request that yoru Judicial Assistant advise as to whether you willgrsnt a hearing timc on this emergency matter.

Thaflk you fot your time and ettention.

Respectfirll] ]ours;

,W7/.'/AO- $tephen'ltracker

oSTfeEnclosurecc: Ann L. Kerr, Esq. (via hand delivery)

A..I. Barranoo, Esq.

IN RE: TT{E MARRIAGE OF:

LINDA MARIE BOLLEA,

Petitioner,

and ."

*

TERRY iiil\IE BOLLEA,

Respondent.

IN T}IE CIRCI.IIT COURT OF NlE SIXTHIUDICIAL CIRCUTT IN AND FORPINELLAS COUNTY FLORIDA

FAMILY LAW DIVISION

CASE NO, : 07-DR-0139S5-FD-14

Petitioner/wife, LINDA I{ARIE BOLLEA, heteby files this Emergenry Motionfor Ternporary Injunction with Notice and in support thereof states:

1. The wife has filed a petition for Dissolution of Marriage.

2. During the course of the ma.rriage, Flusband took marital assets andplaced them in certain corporatiorrs and tnrsts to wit:

a. T.ny Bollea Trust;

b. Terry Gene'Eollea Trust UADI}/ZI/98;

c. Terry Gene Bollea Rerrocable Trusg

d. I-4 Entertainmeng LLC;

e, TGB Family Ltd.parkrership; and

f. TGB Hotdings, LLC.

3. Husband and Wife were co-tnrstees of certain trusts and owners of certaineorporations. Said trusts and corporations contained marital assetq acquired ttuoughthe conkibutions arrd efforts of the parties during the course of the marriage.

Imrnediately prior to the divorce filing, both parties had to consent to the withdrawal of

furrds from the trust accounts and other accglr.nts at Morgan $tanley.

4. A marital residence in Florida was sold on or about August 2007. It is

believed that the parties received approximately $10 urillion as a result of that sale. Said

finds were placed at Morgan Stanley in various accounts of the parties, and specificalty

in the Husband's trust accounts.

5. In or around Septembet 2W7, the Husband introduced the Wife to Tampa

attorney Les Barnett, Esq. At that time, the Husband represented to the Wife that Mr.

Barnett would represent them jointly regarding estate plaruring. However,

unbeknownst to the Wife, the Husband had actually worked with h/h. Barnett to draft a

post-nuptial agreement on behalf of the Husband.

6. Relying on the Husband's reprc\sentatiorrs, the Wife accompanied the

Husband to meet with Mr. Barnett. During this meetinp the parties engaged in

confidenHal discussions with Mr. Barnett regarding the partiesr assets and legal issues.

At some point in his preeentation on estate planning Mr. Barnett began to discuss a

post-nuptial agreement.

7. Husbandts intentionally false representations to the Wife regatding Mr.

Barnett were made with the sole intent to induce in the Wife a false sense of seorrity

with Mr. Bamett so that she would share conlidential inJormation with hirn, and

ultimately sigrr a post-nuptial agreement. The Wife relied on the Husband's

representations.

8. Over the pa$t months, Mr. Barnett continued to represent ttre Hu-sband

regarding the post-nuptial agreement, and other matters to the deEiment of the Wife.

9. Due to her reliance orr the Husband's false repre$entations, the Wife

revealed to her Husba-nd ald his attorney, Mr. Barnett, confidential infonnation which

may now be used to the WiJe's detriment in the parties' divorce proceedings.

10. The Wife's reliance ort her Husband's representations wa$ justiliable due

to their marital relationship. Until the meetinF with Mr. Bamel!, t]re parJies had never

disgBssed a post:Iruptial agreement! !

11- As a result of these "legal shenanigans,'Wife sought counsel and filed for

divorce. It is believed that lcs Barnett subsequently referred Husband to Ann Ken,

Esq, t'o represent him in this matter. t'

72. Due to Husband's suspicious behavior late last year, Wife removed g1-5

million from the parties account. Those funds are intact and no monies have been sperit

from ttnt transfer.

13. fn O"cemb er2007counsel for the Wrfe, Marianne Kircher, had a telephone

call with Ann Ken, courwel for Husband. Ms. Kerr professed that Husband would.

account for all monies he was teceiving as income and all monies he may have spsn1.

Ms. Kerr stated that Husband had removed the monies from the trust accounts, Ms.

Kerr pledged to get all Motgan Stanley account statements riFht gwey to Wife's

lawyens. Ms. Kerr agreed to return all monies which had been removed by the

Husband into the trust accounb and require the signafure of both parties for

withdrawal of any monieg. lvls. Kerr promised that upon her return from vacation on

January 6,20W, all monies would be restored into the trusts.

M. On or about Decerrrber 77,2ffi7 Wife's attomey's received a document

from Les Barnett's office signed by the Husband (allegedly on October 30, ?-W7)

purportedly rernoving the Wile as co-trustee of the Terr!' Gene Bollea Trust of October

27, L998. Said document has never been presented to or served upon the Wife (see

aftached Exhibit " Au)'.

15. Orr or about Januaryr 2008 co-cou'nsel to Wi.fe. O. Stephen Thacker, had a

lengthy conversation rnrith Ms. Kerr regardirrg the issues. Mr. Thacker demanded that

the transferred rnonies be rehrrned. A draft proposed Stipulation was discussed and

prepared in accordance with their telephone conference (see attached Exhibit "8"). Mr.

?hacker was later informed by Ms. Kerr that not only had the nronies been prw.iously

removed by the Husband but the monies had been placed in various LLCs beyond the

reach of the Husband or Wife as a third party general parhrer had control of the funds.

Wife's counsel was provided with copies of the LI-Cs purportedly drafted by Les

Barnett, Erquire. Mr. Thacker was informed tlnt these morries were beyond the reach

of Husband and could not be returned as Eric Bishoff, had complete control of these

monies. These monies constitute marital asseb subject to equitable dishibution and the

Wife never consented or had prior knowledge of transfer of same to the conkol of a

tldrd person- The Wife believes Eric Bishoff to be totally toyal and obedient to the

Husband's demands as they were previously associated in the wrestling industry and

have had other business dealings.

1,6. As Wife is highly skeptical of Husband's motive$ in this "alleged estate

planning", Wife again asked that the monies be returned (see attached Exhibit'C") and

gave a deadline of Tuesday, January ?2" mB at 5:00 p.m.

77, The Husband has not provided the wife with an accounting of all monies

remove4 or records reflecting said transfers. The Husband has not accounted to the

Wife, nor does he give the Wife any control over these proceeds. Under suspicious

excuses, Husband and his lawyer have refused to comply with Mandatory Disclosure;

have refused to eomply with Standard Family Law Interrogatories; refused to comply

with the First Request fot Productioru and refused to answer Lnterrogatories. The

I-Iusband and his lawyer precluded Lewis, Birch & Ricardo, LLC from tur.ning over any

documents to Wife's account until Tanrrar,Jr 17, 2@8!!

18. 04 Ianuary L7-2008 Husband's counsel disclosed the names of ttuee (3)

corporatiorw from the Husband which "allegedly" contained the transferred funds as

follows: TGB Froductiorr,Inc., TGB Marugement,Inc., TGB Family Limited Parhrership

II, and a corporation to be formed which was TGB Transportation LLC. On lanuat.v 22,

2008. for..the first:Sme, Wife's counsel received Morgan Stanley statements whictt

apparently show that no monies had been transferred from the tmst account!! In an

abundance of caution, Wife neede this Court to enioirr Husband, individually, as an

employee, director or officer of any of the Bollea-related corporations or as trustee or

beneficiary of any of the family trusts from transferring monies,to thd corporations or

any other enhties. There has been complete lack of candor on the Husband's side of this

case.

19. The Wife has an interest in these proceeds as a marital asset and. any

subsequent distri6utione since they were d,erived of the marital assets.

20, The Wife fears that unless the Husband is enjoined in any matter from

further dissipating secreting or otherwise disposing of the proceeds from the sale of

this house, the l-Iusband will corttinue to spend in secret the proceeds received frorn the

aforesaid amounts together with any subsequent payment therein.

27. The assets constitute a substantial portion of the partien rnarital assets.

Thus, no adequate remedy at law exists if the money is dissipated.

22. The Wife believes that unless a temporary injunction is entered,

irreparable hatm will come to her by virtue of said aseets being disposed of by the

Husband before final hearing. Furthermore, the Husband should immediately be

compelled to disclose all assets and the location where the proceeds have been placed

together with any and all information pertaining to tho$e proceeds. The Husband and

I,es Barnett should be ordered to immediate depositions to fully explain the dispoaition

of the funds removed. from the trus$ the present whereabouts of the trust funds;

production of all documents surrounding the transfers of these funds; and why these

funds ca.nnot be retumed as requested by the Wrfe to the tifle staftrs as of the date of

filing.

23. The Wife has been required to retain counsel to represent her and has

agreed to pay a reasonable fee.

WHEREFOF.E, the Petitioner/Wife, LINDA MARIE BOLLEA, respectfully

requests that this Court:

a. Take jurisdiction of the parties in the su$ect matter of this actiorr;

b, Enter a temPorary injunction prohibiting the Husband from dissipating,

secreting or otherwise disposing the proceeds from the sale of the marital residence or

the parties' assets, or the trust funds of the parties without Wife's consent and with

exception of payment of any normal reasonable living expenses of both parties, until

such time as the same can be accounted for arrd distributed at the final hearing of this

cause;

c. Order Morgan Starrley to freeze all rnonies held or conkolled by the

Husband, his trust or his corporations or any account in which the Husband has

signatory authority;

d. Morgan Stanley be precluded from transferrirtg furrds ftom Bollea Trusts

and/or Eollea corpora$ons without further order frorn the Court or agreernent of the

parties;

e. Order depositions of the Husband and Les tsarnetg order answers to

interrogatories and orde.r responses to request lor production from the H.usband

forthwith;

f. Order Husband to give a release to Lewis, Birch and Ricardo, LLC to tum

over all documents from inception of marriage to Wi.fe's attorneys;

g. Order Husband to account for all monies removed and present

whereabouts of said frrnds; and/ ot

h. Require the Husband to cauge all such funds which may have been

transferred be retrrrned to the title stahrs as of the date of filing.

i. Grant any other further relief that this Court may deern just and Ptoper.

_cERfqrcATE oF SERVICE

I HEREBY CERTIFY that a hr,re and correct copy of the foregoing has been furnishedby facsimile and U.S. Mail to Arrn Loughridge I(eo, Esq., 425"Sou[h Garden Avenue,Clearwater, Florida 33756 this 23d day of January,2fr)9.

Counsel for PeHtioney'IfifeO. Stephen Thacker, Esq.Thacker & Smitherman407 9outh Ewing AvenueClearwater, Florida 33756Tel:727446'0525

Co-Counsel fot PeHtioney'WifeBarranco & Kircher, P.A.Suite 14ffi, MuseumTower150 West Flagler StreetMiarni. Florida 33130-1783Tel:30F371

I.AW OFFICES OF BARRANCO & KIRCI.IER. F.A.surTE 14OO. MUSEUM TOWER. 16() WEST F|-.CGLER STREET, MrAMr. FLORTOA 3-1r3O.152.7, TELEPHONE (3O5) 37t-6575

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TO:LINDAI{.BOLLEA

Iq ilaftdsne $ti& ftE ltt'ovldmr of pwegalt (b) of Scothn 3 d Pert Itr 6d ed cg1rgin'1- ' 5-

TERRY OENE BOLJ.EA fRUSf' dnhd OfrbFr 21, 1998, ac atrGodd (fu Tnrstl, nsrioa is

bnreby povided to )rou ag a Co.lftuscu sf tbE Thrt rh lou rm breby lwovcd ar Gl[hdee oft

thc Trust $tch &d I q/tn leftE et sofe Tfurnp; of nid lhr4 dbcttvo iwodarol*

WTTNESSESI

NOT.{RYI{IBIIC;

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iN RE; TI{E MARzuAGE OF:

LINDA MARLE BOLLE/!

Petitioner,

and

TERRY GENE BOLLEA,

Respondent

IN THE CIRCUIT COURT OT TiE SIXTHJUDICIAL CIRCUIT IN AND FORPINELLAS COLINTY FLORiDA

FAMILY LAW DIVISION

CASE NO.: 07-DR-01 3355-FD-l 4

STIPTJLATION gqR RETURN Or'MARTTAL pROp,ERTy. EXCLUSI\rE USE qIFoRNmR MARTTALJO,I4E 4lr,p B_EASH LrpME, pART:rAr EOUTT4BI.E

DISTRMUTION AND TI,OR RELATED IVIATTERS

The Petitioner/lVife, LINDA I\4ARE BOLLEA ("Wife'), and the Respondent/Husband,

TERRY GENE BOTLEA ('Tlusband") hereby stipulate and agree as follows:

1. All marital firnds shall bc hcld and titled in ttre safire manner and ascounls in

which they were held as of the date of filing of this Dissolution of Marriage action, exccpt as

provided in Patagmph 4 below. Each party shall, within tcn (10) days ftom the date of this

Stipulation, cause all firnds to be re-titled in the cor:figuration in which they werc held at the time

of filing, except as provided below. Thereafter, no money frorn these marital funds shall be

withdrawn or transferred without the joint signature of both parties, except as to the m.onies

received as partial equitable distibution.

2. Neither parry shail seli, transfct, secpte, dissipate, dispose, or bypothecate any

asset. either directly or indirectly, themselves or through corporate entities they may control,

except as othcrwise provided.

EXHIBIT

E

3. Mr' Bollea shall, within.twenty (20) days froro the date of this Stipulation,

providc an accounting of all monies from the h.* Gene Bollea Trust accounts at Morgan

Stanley wherein $4rs. Boiiea was e co-trustee, accounts in Mr. Bollea's individual name. nnd

accounts held jointly by Mr. Bollea and any othcr individual.

4. Mrs. Bollea shall retain thc sum of one million dollars as a partial cquitable

distribution of property from the L4 million dollars she placed in an account in her name, Thc

rcmaining sum of approximately $400,000 held by M,rs. Bollea shall be retumed to an account

titlcd in the same natne where the monics were titled on the date of filing-

Of the monies Mr. Bollea previously transferred, Mr. Bollea shall return all but one

million dollars to the Morgan Stanley account ending +9071, held by Terry Gene Bollea Tr,ust

daled 10f21./98. The frrnds held in said account will require the joint signature of the parties.

Mr. Bollea shall receive this one mjllion dollars as a partial equitable distr:ibution.

5. Mr. Bollea shali dcposit all of his eamings into a joint Morgan Stanley accoun! or

any joint account agreed upon by the parties, Thc parties intcnd to act in good faith and

consistent with the practices during the marriage to pay usual and oustomary living expeu.ses

ftom these joint accounts.

6. Mrs. Iiollea will have exclusive use and possession of the marital home for herself

and the children dudng thc pendency of these proceedings. Mr. Bollea will not enrer the marital

residence for any purpose. Arrangements will be made for the rem,oval Mr. Bollea's vehigles

from the premises of the marital home by a third party.

7. Mr. Bollea. will have cxolusive use and possession of the beach rqsidence on

Eldorado Avenue druing the pendency of these proceedings.

8. Record Production, Each party shaLl, witbirr ten (10) days from the date hereof,

execDte a wriften au*roritatrinn in the form of theaftached Exldbit "A".directed to Lewjs, Birch

and Rjcardo, CPAs, and all iB employees, to rclease to oounsel for each par.ty upon demand any

and all records, financial documents, exldbits, schedules, drafts of proposed exhibits, banking

tecords, checkbook rccords, check registers and computer generated docunents which are or

have been iu tbe possession of Lewis, Birch and Ricardo or whish come into the possession of

Lewis, Birch and Ricatdo at any time during the pendency ofthis casc,

9. Each party agtees that they shall, within tcn (10) days, execute a written

authorization directing Terry McCoy, financial advisor, to release any and all financial

information conoerning the parties, or either of themn and sll of their business and invcstment

account inforrnation- Each pa$y agrees that all resords of Lewis, Birch and Ricardo and all

records of Terry McCoy and tlre btokerage house wbere he is employed shall be promptly

furnished to counsel for the other party throughout thcse prooeedings. Further, eaoh party ,shall,

within tcn (10) days, fi,rmish thc other party with all financial aud business documents as to any

and all busincss cntities, corporations, LLC's and partnershipa he or she owns or has owned, in

whole or in part in the last five (5) years.

10. Each party shall have an extension of time to comply with mandatory disclosure

and the filing of Financial Affidavits. Each party shall have thirty (30) days from the date of this

Stipulatiort to comply with mandatory disclostne and filc their respective Financial Affidavits.

This shall not prevent either parly fiom seeking additional or diffcrent temporary relief on an

ttrgent or emcrgenoy basis and, if suoh relief is requestcd, the parties shall file Financial

Affidavits forthwith.

I 1. The Husband shall, within five (5) days, deliver to his counsel his gun(s) and gun

certiflcate and counsel shall confirm in writing that this f,ls been accomplished. These items

shall remain with the Husband's counsel until fi:rther order of Court or agrcement of the parties.

12. The records to bc produced herein shall include all personal bank accounts, joint

bank accounts with thind parties, all investment aooounts and all aocount.s of any corporation$ or

business ventures in which the parties have been or are involved. The parties agree that each

shall, within ten (10) days from the date hereof, firrnish counsel for the other party any arul all

estate plaruring docrrments and trust documents which have been executed by the parties, or

cither of them, at any time in the last five (5) years.

13. The padies agree that upon execution of this Stipulation by each party, counsel

for either party shall submit an Order to the Court in the forur of the attached Exhibit *C"

approving the terrns of this Stipuletion. The parties fiuther a$ee that the Order may be

submitted to the Court and that the original Stipulation held at this time by counscl for the

parties. The partics agree to be bound by the Stipulation incorporated into the Order approving

same and either parry may, at his or her option" file the odginal. Stipulation

14. The parties firflher agree that this Stipulation is without prejudice to the rig.ht of

eithcr party to seek additional or diffetent tempotary relief and temporary attorney fees, suit

money and costs in this ceu$e. Further, this Stipulation is without prejudice to thc Corrrt in

determinirlg at a later date or at tial the ultimate allocation of the funds being distributed at this

time a.s partial equitable distribution.

Linda Marie BolleaWifeDated:

Tcrry Oene BolleaHusbandDated: 20082008

A,J. BARRANCO. JR.MARIANNE L. KIRCHER

RAYMOND J, RAFOOLMELISSA A. ACOSTAJED R. FhIEbPIAN

(x. r}J,tf.u,H.fffi, r.fl-.

January I 8, 2008

gu|rE t490, ]nusEuit TowER

r5O WEST FLIGLER STREET

MIA!.r r, FLOIITpA 33 ! 30.t 5a7

TOLL FREE (BBB) 443.oO43

TELEFHONE (3O5) 37 I.E57E

FACSIl.llLE (5OS) a? l-7Oel

vIA FACSIMILE & U.S. MArr,Ann Loughridge l(err, Esq.425 South Garden AvenueClsarwater, Florida 337 56

Ret Bolleav, Bolleocnse No. 07-DR4 i 3 3 S S-FD-I 4

Dear Ms. Kerr;

In the rest of the State ofFlorida it is common courtesy to send gil opposing couusel copiesof correspondence and pleadings, You chose uot to do so, Plcase respeot my presence in th.is caseas Go-counsel in the future.

Flease have Mr. Bollea retuul all flre monies to the previous accounts by Tuesday, Jauunry22, 2008,5:00 p.m. (or put half of thc amount transfEn'ed in Mrs. Bollea's name) or expectemergenoy pleadings. All to<es and legal $ff)eDses associated with the Barnett-advised trarrsfertherewith shall be the soletesponsibility of Mr. Bollea

I hope tbat by uow Steve Thacker has leamed not to tnrst you or anything that you say.

AJB/jwc

cc: Linda BollcaO. Stephen Thacker

EXHIBIT

a-